National Mutual Insurance ex rel. O'Brien v. Home Benefit Society
Supreme Court of Pennsylvania
Appeal, No. 413, Jan. T., 1896, by defendant, from judgment of O. P. Schuylkill Co., Jan. T., 1895, No. 233, on verdict for plaintiff. Assumpsit on a policy of life insurance. Before Bechtel, J. At the trial it appeared that on June 17, 1892, the National Mutual Insurance Company of New York issued a policy of insurance for $5,000 upon the life of Edward O’Brien, the use plaintiff’s husband.
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Appeal, No. 413, Jan. T., 1896, by defendant, from judgment of O. P. Schuylkill Co., Jan. T., 1895, No. 233, on verdict for plaintiff. Assumpsit on a policy of life insurance. Before Bechtel, J. At the trial it appeared that on June 17, 1892, the National Mutual Insurance Company of New York issued a policy of insurance for $5,000 upon the life of Edward O’Brien, the use plaintiff’s husband. On March 28, 1894, the National Mutual Insurance Company of New York entered into a contract with the Home Benefit Society by which it was provided that the National Mutual Insurance Company of New York…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
There is nothing in the allowance of the amendments complained of which furnishes ground for reversing the judgment. The use plaintiff is the beneficiary named in the policy issued by the National Mutual Insurance Company on the life of her husband. But for the contract of March 28,1894, her right to maintain an action against the insurer for the amount of the policy could not be questioned. If the insurer had unjustly declared the policy forfeited, and thereupon refused to accept from the insured the premium proffered in accordance with its terms, it could not…
2Cases cited1 opinion
- Girard Life Ins. v. Mutual Life Ins. Co. of New YorkSupreme Court of Pennsylvania · 1878
3Cited by8 opinions
- Homan v. MacKeySupreme Court of Pennsylvania · 1928
- Agassiz & Odessa Mutual Fire Insurance v. MagnussonSupreme Court of Minnesota · 1965
- Wayland v. Western Life Indemnity Co.Missouri Court of Appeals · 1912
- Knott v. Security Mutual Life InsuranceMissouri Court of Appeals · 1912
- Walsh v. Aetna Life InsuranceSupreme Court of Pennsylvania · 1945
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